Charlie McConalogue (Donegal North East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

545. To ask the Minister for Children and Youth Affairs her plan to address the conflict which has arisen between legislation and regulation with respect to Garda vetting for students on early education and health and social care training programmes (details supplied); and if she will make a statement on the matter. [6180/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Child Care (Pre-School Services) (No 2) Regulations 2006 require that a person carrying on a pre-school service shall ensure appropriate vetting of all staff, students and volunteers who have access to a child.

I am aware that a problem exists in relation to the sharing of student vetting information by training colleges with a third party. It is my understanding that timing issues between a student finding a placement with a service provider and the time they need to be on placement may not allow for the service provider to obtain Garda vetting on behalf of the student. In situations where training colleges process Garda vetting for their students and subsequently secure placement of these students in childcare settings, they are not permitted under current Data Protection regulations to release the vetting documents or copies to the childcare service. It is the position of the Office of the Data Protection Commissioner that the disclosure of such information to other parties, even with the consent of the vetting subject, is not appropriate and could potentially undermine the integrity of the vetting process. Because of the requirements of the Pre-School Regulations, service providers cannot accept students on placement unless the full Garda vetting documentation is available to them. This is to ensure clear responsibility for the vetting of those working with children.

I am anxious that the issue raised by the Deputy is fully examined in order to determine if a workable solution can be devised. Officials in my Department have recently written to the Data Protection Commissioner requesting an urgent meeting to discuss this and a range of issues which relate to the delivery of childcare services.